Parenting is a challenging and expensive job that does not get any easier after a divorce. California law states that children of divorced parents have the legal right to be financially supported by both parents. Child Support is intended to cover the child’s basic needs, such as housing, food and clothing, education expenses, medical expenses, and any other reasonable expenses. Child support is usually paid to the parent who has primary physical custody of the child, i.e. the parent with whom the child lives most of the time. Child support amounts are based on California Child Support Guidelines and take into account both parents’ incomes and percentage of child share with each parent. By law, child support terminates when a child turns 18 years old except when the child is still a full-time high school student and lives with a parent. In that situation, child support terminates when the child turns 19 or graduates from high school, whichever occurs first (with a few exceptions – see below). California child support also terminates if a child marries, joins the military, is emancipated or dies. If a parent requests the child to be emancipated so he/he can avoid paying child support, the court will not allow the parental rights to be terminated.

Child support does not only consist of recurring monthly payments to the other parent. California child support orders include a provision regarding medical support to ensure that one or both parents provides health insurance coverage for the child, including medical, dental and vision. In addition, healthcare expenses that are not covered under insurance are usually split 50/50 between parents. California child support orders also include a provision regarding child care, when it is necessary for the custodial parent to work or receive training. Child care expenses are usually split 50/50, unless specified otherwise. Failure to pay child support can have very serious consequences. If a parent is able to pay and is purposely not paying, he/she can be found to be in contempt of court, a serious offense that may involve jail time. Since uninsured healthcare expenses and child care expenses are considered part of child support, a parent who refuses to pay them can also be in contempt of court. In addition, just because a child has reached the age of 18 does not mean the paying parent is off the hook. If that parent is behind on child support, that money is still due, even if it takes the parent several years to pay past the age of majority.

When it comes to special-needs children, California law still does not require child support for a special-needs child to continue past the majority age. This is why it is essential for parents to put in writing who will be financially responsible for the child after the age of 18, especially if the child cannot be financially or medically independent. In addition, when a special-needs child has foreseeable, recurring expenses, such as the cost of medications and therapies, and educational costs, it is reasonable for the custodial parent to request additional child support to cover these expenses.

While California law requires child support to be paid only until a child turns 18, nothing requires the payments to stop then. Parents can agree for child support to continue until a specific date, for example until the age of 21 if the child remains in school and is not self-sufficient yet. However, if child support past the age of 18 and any college costs were not addressed in the original child support order, the court will not order either parent to pay for any further child support, college education tuition or expenses down the road.

When it comes to deciding on child custody, visitation schedule and child support, the court encourages parents to reach an agreement before submitting their papers to the judge. It is always in everybody’s best interest (money wise and time wise) to settle these orders out of court. A family mediator can be very helpful not only during the divorce process, but also post-divorce, as family circumstances can change over time. Preserving healthy communications between ex-souses can help solve many problems now and in the future in a prompt and civil manner.

To learn more about the mediation process, complete our request for a free online evaluation, and to receive a free 30-minute phone consultation, call us at 619-702-9174